442
The following were sworn as jury: Me ørs Harry Hodge (foreman). B. D. Kapleyo, Jacob Jebson, J. D. Auld, H. C. H. Broodisson W. L. Carter, and A J. Williams.
The Attorney-General outlined the case for the prosecution. He said that on the morning of the 24th November a large trauk was found on the foreshore of Laichikok, bn the other side of the harbour, which co tained the dead body of an Indian, who was afterwards identifie l as Mustaf Khan. The body was naked, except for a turban round the waist, to which was attached a heavy iron weight. Medical examination of the body disclosed the fact that death was caused by a bullet wound in the head, and that death had taken place about two days previous to the body being found. The dead man 'ad been a watobmin employed on the Canton-Macao steamer wharf, and the three prisoners lived in the same shed as deceased on the wharf, where they were afterwards arres ́ed by Chief Detective Inspector Hanson. The appearance of the body; the circumstances under which it was found (enclosed in a trunk, which had evidently been washed up by the sea); the wound in the man's head-all pointed conclusively t› foul play – that the man had been murdered. The question was whether the thres, prisoners had committed the murder or not. The weapon with which the deed had been committel had not been found but from evidence which would be called the Attorney-General thought the jury would come to the conclusion that the bullet had ben fired from a 18volver of a similar pattern to one pur- chased by a friend of one of the prisoners.
for him, in Macao. The last time the deco sed was seen alive was on the 22nd of Nov mber; it was reported shortly after 7 o'clock that uight that the deceased was absent from duty. An Indian constable who was in the habit of bor- rowing cooking utensils from the deceased to prepare his food knocked at the door of the shed and after waiting for a few moment the door was slightly opened and the second prisoner
THE HONGKONG WEEKLY PRESS AND
The Chief Justice thought the objection should be tendered when the witnesses were called.
Hon. Dr. Ho Kai agreed.
a
Witnesses were then c∙lled, who spoke to the body being found in the box. There was a
the forehead, and bullet wound in
ᏗᎦ fastened to the heavy iron weight body. Dr. Moore affirmed that the wound
in th⚫ forehead was the cause of death. It was
not likely that the wound was self inflicted. The Indian from whom the revolver was pur. chased at Macao said the purchase was made by a man called Mowan who was accompanied by the deceased. Under cross-examination he said that none of the three prisoners was Mowan. The foki of the shop where the box was purchased identified the third prisoner as the
man who had bought it, while a boatwoman recognised the first and second defendante as the men with whom she had bargained to take over to Sam Shui Po in her uncle's sampan. They had a big box with them.
The hearing was adjourned.
Tuesday, 21st December.
IN CRIMINAL JURISLICTION.
BEFORE SIR FRANCIS PIGGOTT (CHIEF
JUSTICE).
AN INDIAN 8 MURDER.
The trial of the three Indians for the murder of a fellow countryman was resumed. Prior to the opening of the court the judge and jury procaded to the hut in question on the Ying King wha f, inside which a shot was fired by way of experiment.
The ca-e for the prosecution was not cncluded till midday. The defence set up was that the witnesses for the prosecution were mistaken in identifying the three prisoners as having crossed to Sam Shui Po on the night in question.
witnesses were called for the defence.
Mr. Calthrop partly opened his case and two
cas! 80
handed out the utensils. That identification was important. Another witness would depose that the third prisoner purchased a trank
The Hon Dr. Ho Kai, addressing the jury. that same evening which was delivered at the said that at first sight the case might appear to wharf, and in which the body was found.
The have been one of foul murder, but the trunk was taken down to the Ying King wharf, prosecution had bot resented the and if the jury were satisfied that the trunk
85 to exclude the possibility of accidental was carried there thay had got a long way in death. Speaking of their visit to the hut that their investigations. The next evidence would morning he argued that there were no evidenc s take them to about 11 o'clock the same evening. of preparation for the crime there, that the place At that time, witnesses would tell them, the
was small, and that people on the other side three prisoners hired a salupau to take a
could look through the crevices. All that showed trunk over to Sam Shui Pe. This evidence
there was no deliberate attempt to commit might be rccepted without much difficulty murder, and furthermore there was no evidence because at the actual time the circumstances of a scuffle. No one would be so stupid as to were such as to give them full opportunity of plan a murd r in such a confined place, while seeing the persons with whom they were dealing. From the evidence of the boatmen it appeared neighbourhod was against any theory of the presence of so many borts and per ple in the that the three persons and their box were lauded
de'iberate planning. He contended that robbery near Laicbikok, where they and the box were left. As to supplying a motive for the crime, decensed gave his money to the compradore of was not the motive for the crime, becins the though it was not necessary for the prosecu
the steamer to keep for him, and a ring which tion to establish a motive, it was always he bad was not taken away; neither was hate satisfactory if they could furnish a full and
the motive for the crime, as all the men were reasonable motive for the crime. lu this
on good terms, ose the motive alleged was that which had acuated many to commit the crime of murder.
[December 23, 1905.
MARINE MAGISTRATE'S
COURT.
Monday, 18th December.
BEFORE HON. CAPTAIN L. A. W. BarNES. LAWRENCE (Makine MagiSTRATE),
STARVED SEAMEN AND A MISSING STEWARD
An inquiry was opened into the circumstances of a complaint made by the grew of the British ship Simir as to the bad quality and deficiency in quantity of provisions supplied.
William Franklin, A.B., sworn, stated that after seven weeks out from Cardiff, the port watch went aft to the saloon, taking the weekly allowance of sugar with them to see the steward.
They tollim that they wishol to see the captain. H4 asked-"What for?" They replied To see that we get our proper weight. The steward took the sugar from them and took it to the captain; he returned si ortly afterwards, put more sugar in the tin and handed it to witness as representing the watcb, saying “You have got your weight now.' Witness said he should I ke to 09 the weights. He was shown them, and found a 4:bs. weight on the scules; he asked for 2lb. 2oz. more, that being the proper allowance for seven men at 2oz. per day. The steward then gave the proper allowance and said he would give them 6lbs. mor the following day to make up for what he had been doing them out of. They got the had no further cause of omplaint with respect extra 6lbs. next day, and from that time
to the sugar
By his Worship-They left Cardiff on the 4th July, and the complaint with regard to the sugar was made on the 19th August. During those dates they had been on a short allowance of sugar. They made no complaiut before the things would go, and being on a long cruise, did 15th August because they did not know how
not wish to mplain unless things got worse. As it was, their sugar only lasted four, sometimes three days, whereas it should have lasted seven.
they were put on pres-rred meat, some two to Continuing witness said that from the time
three week out, they received short measure- meat, one . iustead of a pound and a ha'f; in margarine. Ha this substitute been butter, view of the half pound short they were given
no complaint woul | have been made.
His Worship (to the Captain)- Is it the custom of the service to issue butter or marm”- lade in lieu of the half pound of meat ?
The Captain-Yes.
Witness, continuing, said that when some seven or eight weeks out, the rice ran s'ort and they rceived preserved vegetables instead. make sonp out of these and the captain allowed They complained b cause the cook would not them potitoas. On the 28th ultimi the Captain provisions weighed on'. informed the m that they were to see the
by the first.
Other witnesses corroborated the story told
G. T. Casson, master of the Simbu, said he know nothing of the complaints regarding provisions util the 27th November when he
The theory of the prosecution was that as the quarters and returned a unanimous verdict of made an eqtry in the ship's log to that effect.
up
deceased man bad been in the habit of boasting of his wealth, the three men made their minds to possess it. To that end a revolver was purchased in Macao and one man, acting ia concert with the other two, went to the hut where the deceased had laid down to rest and shot him. At first blish it seemed impossible that a man should be shot like this without the report being heard, but an experiment had been oonducted in the hut with the result of showing that the noise at the wharf 'made it impos-ible for the report to be heard at any great dis'ance. Having done this, they had to dispose of the body in some way and so they placed it in the box and removed it in the manner suggested.
The Hon. Dr. Ho Kai took exception to two points in the Attorne-General's statement. The first was with regard to the testimony to be given respecting the purchase of the revolver by one of the defendants, as that evidence had not been produced at the Police Court, nor had the
depositions been taken. The second Was
relative to the expert who had coudu ted the experiment by firing a revolver in the hut at the wharf. That also was new to them.
•
The jury were absent for one hour and three-
NOT QUILTY and the three pr soners were dis- charged.
IN SUMMARY JURISDICTION.
BEFORE MR. A. G. WISE (PUISNE JUDGE).
CLAIM FOR RENT,
In the action in which the Robinson Piano Company sued H. Prion, latoly carrying on busines as a wine and spirit merchant at 12 Queen's Road Central, under the style of H. Price and Co., to recover the sum of $375 being one month's rent of the eastern part of the ground floor of Connaught House, judgment was given for defendant with costs.
The following notification has been received from the Government of Madas :—The Governor in Council is pleased to direct that the regula tions under the Venic Sanitary Convention be imposed at all uninfected ports of the Madras Presidency against arrivals from Hongkong, intimation having been received that there have been four cases of plague at that place since 27th October, 1905.
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He then took action by arranging that the meu should see their provisions weighed, which be thought was sufficient evidence to let them see that he was doing a fair thing. About seren w ek after leaving Cardiff the steward went to him and told him that the men were grumbling|about the sugar. He asked how much they were getting and the steward said twelve ouudes. Witness said it ought to havO been 14 ounce",
and ordered the steward to give them the shortago from the time of leaving port.
In answer to his Worship witness said ho did not at any time see the provisions weighed | out. The steward had joined the ship at
Cardiff for this cruise.
Contiuning, w tness said he informed the steward on the 14th instant that be would be required to give evi·lence at the Harbour Office respecting these complaints. He gave im leave on thạt đ1y to go ashore for two hours, but had not sten him since. He offered a reward, but so far hal been unsuccessful in getting hold of the steward. - The provisions were checked at Cardiff by the chief officer is they were taken on board, and he signed the
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